Death Penalty Would Be Expanded Under New Bill
A new bill calls for authorization of the death penalty as legal punishment for child rapists.
Republican U.S. Representative Nancy Mace of South Carolina announced her introduction of the Death Penalty for Child Rapists Act on X Thursday. The law would green-light capital punishment for aggravated sexual abuse, sexual abuse of a minor and abusive sexual contact offenses against children.
"There are no excuses for harming children," Mace wrote on X. "We’ve spent months fighting to expose Jeffrey Epstein’s network of powerful predators. We’ve demanded accountability and pushed for transparency. Now we’re making sure anyone who rapes a child faces the ultimate consequence."
Why It Matters
If the law passes, it would challenge Supreme Court precedent established in 2008’s Kennedy v. Louisiana, in which the High Court deemed the death penalty unconstitutional for non‑homicide crimes-including the rape of a child-because it violated the Eighth Amendment's ban on cruel and unusual punishment. Mace’s act would likely invite a legal challenge to push the Supreme Court to reconsider or overturn the ruling.
What To Know
In addition to authorizing Title 18 to include the death penalty for aggravated sexual abuse, sexual abuse of a minor and abusive sexual contact offenses against children, the bill would also amend the Uniform Code of Military Justice (UCMJ) to authorize the death penalty for the rape of a child.
"Children are the most vulnerable among us," Mace also wrote on X Thursday. "Those who prey on them deserve the harshest penalty our justice system can deliver. Death penalty for child rapists."
Mace has previously called for transparency and justice for the victims of sex offender Epstein and his network of associates.
She also worked to bring an amendment into the House‑passed National Defense Authorization Act for fiscal year 2026 that gave military prosecutors the ability to seek the death penalty for child rape.
Although the bill applies to federal crimes and the UCMJ, it mirrors a wave of state laws passed in Alabama, Florida and Tennessee that authorize the death penalty for certain child rape convictions despite knowing those laws are currently unenforceable under Supreme Court precedent.
Supporters of the act say that child rape is among the worst crimes and that existing punishments, even life without parole, do not reflect the harm to victims. Critics of the bill argue that it could discourage reporting of these types of crimes, especially when the perpetrator is a family member, and could increase the risk of wrongful convictions in emotionally charged cases.
"As it relates to crimes against individuals, though, the death penalty should not be expanded to instances where the victim's life was not taken," then Supreme Court Justice Anthony Kennedy wrote in the Kennedy v. Louisiana ruling.
What People Are Saying
Mace, in a statement: "We have zero mercy for child rapists. Those who prey on our most vulnerable deserve the harshest consequence we can deliver. No predator should be allowed to walk away from the most unthinkable crimes against children. This bill is simple. Rape a child and you don't get a second chance, you get the death penalty. We will never apologize for protecting America's children."
Republican Alabama State Senator April Weaver: "Crimes against our precious children are the worst of the worst offenses and deserve the worst of the worst punishment.”
Justice Kennedy, in the Kennedy v. Louisiana ruling: "The death penalty is not a proportional punishment for the rape of a child … As it relates to crimes against individuals, though, the death penalty should not be expanded to instances where the victim's life was not taken."
What Happens Next
The bill would likely face legal challenges if passed, especially based on the Supreme Court's precedent from Kennedy v. Louisiana, a ruling that found capital punishment as "cruel and unusual" for child rapists.
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This story was originally published February 26, 2026 at 4:24 PM.